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Gov & Administrative Law Questions & Answers
1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Louisiana on
Q: Is the LA DMV just in placing a block on my license because an unauthorized driver was caught driving my stored vehicle.

DMV keeps telling me under the liability compulsory laws I am expected to have insurance even if my vehicle is in storage. But isn't that if vehicle was involved in an accident?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

No unless wheels removed and up on blocks (immobilized) you must have insurance. If unauthorized driver was ticketed for a moving violation, you will also have your license suspended until you sell the car or you get insurance.

1 Answer | Asked in Contracts, Business Law, Gov & Administrative Law and Government Contracts for California on
Q: My LLC got & spent $48k EIDL, but I'm now out of business & can't repay. If I dissolve b4 payment is due can I get out?

It's a business of one. The EIDL/SBA contract lists my LLC as the borrower but it's my name as the authorized signer and manager of the biz. Biz has no assets or collateral. If I close the biz can they come after me personally to repay EIDL? To get out of paying is there anything I must... Read more »

Julie King
Julie King answered on Mar 2, 2021

You cannot dissolve the LLC unless you can swear under penalty of perjury that it owes no debts. But the answer to your question will depend on the language in the loan documentation you signed. That is your contract. A lawyer would have to guess what your documents say in order to answer your... Read more »

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Could a state change the title of their executive from governor to president?

I have looked in the constitution and found no provision requiring state executives to be called governors. So was curious if it was in federal law or if there is no law barring the change and that legislatures only need approve it and it shall be done?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

State Constitutions specify the titles of the executive officers. While the Constitution could be amended to change the title, really, what's the point?

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for West Virginia on
Q: My son was arrested by the wv state police when they stop him they handcuffed him then beat him,

Who can I contact, I feel this is both civil, and criminal

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Contact the West Virginia Civil Liberties Union. Ask for their "cooperating attorneys" for "police misconduct" cases.

https://www.acluwv.org/

1 Answer | Asked in Gov & Administrative Law on
Q: I believe there are certain exemptions in tasmanian law for churches and artists, how can I access the details of this?

There was a news story about this quite a few years ago now, I need a starting point to investigate this claim further.

Thanks in advance for any leads on this.

Best regards

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Assuming this is a tax question (you dont say what type of exemptions) start with accountants in Tasmania.

2 Answers | Asked in Gov & Administrative Law for Texas on
Q: The Governor's Oath of office does not include the people; did I miss where he is to protect us and our rights?

I have always thought that governors like the president were expected to defend and protect their people. If so, why is there no mention of this specifically in the Oath?

Teri A. Walter
Teri A. Walter answered on Feb 25, 2021

All public representatives, and lawyers, take an oath to uphold and defend the Constitution. Numerous Supreme Court decisions make it clear that none of them, including the police, have any duty to "protect the people," and frankly, we're all safer that way.

Your interests...
Read more »

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1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Battling Aetna for 5 months since they never notfied me in 60 days if my appeal was approved or denied.

Aetna admitted GUILT in three(3) letters but never refunded the money. Aetna violated Federal (Medicare) Laws and Pa. & NJ State Law.

Aetna is the same company that insured Slaves for slaveowners before the Civil War!!

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

If you are eligible for Public Assistance, you would be eligible for Legal Aid or Legal Services. They can best review your situation and your options.

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

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1 Answer | Asked in Immigration Law and Gov & Administrative Law on
Q: Can we use the IRS for damages caused by incompetence?

My wife (American) received a high paying job offer in the states. We currently live in Germany (I'm German), and have been trying to get an immigration visa for months now, but we need my wife's tax transcripts for that. We have requested the transcripts a dozen times(over the phone)... Read more »

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 18, 2021

This question is not an immigration question. As far as filing a claim against a public entity, theoretically everything is possible. For more specific evaluation of your situation, please contact my office or any other competent attorney who does public entity claims.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: do you have a lawyer who can explain why I have not got any stimulus checks?

I am married and my spouse received his stimulus checks but I didn't, do you know why this is happening?

Brent T. Geers
Brent T. Geers answered on Feb 10, 2021

No one will be able to tell you more about why you are not getting stimulus checks than the IRS. Contact them or go to the IRS website that allows you to track it.

Q: I don't believe there is a process for federal referendum or initiatives?

For instance where the initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. - If you started at the state level could the citizens create legislation to have a federal referendum/initiative... Read more »

Louis George Fazzi
Louis George Fazzi answered on Feb 7, 2021

It doesn’t work that way. There are two separate systems: the federal system, and the state system. There is no federal analog to an initiative process. It is not possible to begin an initiative process in the state and then have it transfer over to the federal level. The United States... Read more »

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Illinois on
Q: If the President and the Vice President and the Congress and the cabinet all die or are killed who is next in line for
Tim Akpinar
Tim Akpinar answered on Feb 6, 2021

The primary candidates for succession appear to be in Congress or the Cabinet. Here is a wiki resource on the line of succession -

https://en.wikipedia.org/wiki/United_States_presidential_line_of_succession

Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Illinois on
Q: Will refusing the mask mandate by CDC on private transportation such as Uber and Lyft cause arrest?

Read on a conservative news site that CDC can now if not arrest fine people not wearing masks on public transportation

It seems like a bit over reach for govt to do that

Juan Ooink
Juan Ooink answered on Feb 4, 2021

It will not likely lead to an arrest but you will be refused service.

1 Answer | Asked in Family Law, Gov & Administrative Law, Elder Law and Divorce for New York on
Q: NYC dept of health denied request for birth certificate stating first name has one letter different than legal name.

What law requires a senior citizen to change the name on their birth certificate to match current name ?

Why is name on social security not considered legal name?

Howard E. Knispel
Howard E. Knispel answered on Feb 3, 2021

You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.

1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Florida on
Q: Why isn't Marjorie Taylor Green not in federal prison . Threatening government officials of the United States is a felo

Here is the million dollar question . Why isn't Marjorie Taylor Green not serving 5 years in federal prison . Threatening government officials of the United States is a felony under federal law. Threatening the President of the United States is a felony under 18 U.S.C. § 871, punishable by up... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 29, 2021

Taylor Greene is a bottom-of-the-barrel, evil, ignorant miscreant and should be expelled from the House. However, thus far, I have seen no stories of her threatening the President or other officials with violence. There are stories of her posting the "like" icon on other people's... Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: If my pursuit of happiness is to live outside does the government have aright to decide otherwise?
Maurice Mandel II
Maurice Mandel II answered on Jan 28, 2021

Please remember, the idea of the "pursuit of happiness" is in the Declaration of Independence, not in the Constitution of the United States or even the California Constitution. It is not a "right" guaranteed to you by the government. The government has the right to impose... Read more »

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Texas on
Q: Summons/citations were served for custody modification but had petitioner name wrong

My husband and I were served with a summons/citation for modify custody by a 3rd party but the petitioner was DCCPS and petition was in this 3rd parties name. Also, mine had the official stamp and my husband's did not. The petition contained request for temp. orders, TPO, affidavit and... Read more »

Rick  Davis
Rick Davis answered on Jan 28, 2021

You really need to have an experienced Family Law attorney examine the documents to see if they are defective.

2 Answers | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Illinois on
Q: Why wont they government turn over the grand jury testimony?
James G. Dimeas
James G. Dimeas answered on Jan 27, 2021

The Grand Jury transcripts should be provided to your attorney after you are Arraigned and during the Discovery phase.

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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Missouri on
Q: Can a felon carry a legally registered firearm in Missouri when in a state of emergency?

Asking about a friend but curious because when said friend was detained by police and arrested, his firma complicated but he's also a felon so he doesn't know if he's being charged.

Caroline Bundy
Caroline Bundy answered on Jan 27, 2021

No, felons cannot have firearms.

1 Answer | Asked in Child Custody, Divorce, Family Law and Gov & Administrative Law for Kentucky on
Q: My wife had a horrible break up with her ex husband, and was not there at a custody hearing due to her ex and her father

She was never served any kind of paperwork stating the father had full custody and the ex husband filed abandonment even though he lied to keep them longer and I feel her proceedings were not handled properly and that they judge and court over stepped their bounds how do we find the order or... Read more »

Timothy Denison
Timothy Denison answered on Jan 25, 2021

Go to the courthouse where the case is filed snd order a complete copy of the file. Next, take the complete file to a family lawyer who can review the court order and tell you what has to be done to modify the prior order(s).

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